Hill v. Rutledge
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. J. M. Carmichael. The appellant in this case, S. H. Hill, was a member of the firm of Kennon & Hill, in whose name a judgment was recovered before a justice of the peace, on the 6th October, 1883, against J. H. Blalock and Elizabeth Blalock.
Read the full summary
Appeal from the Circuit Court of Lee. Tried before the Hon. J. M. Carmichael. The appellant in this case, S. H. Hill, was a member of the firm of Kennon & Hill, in whose name a judgment was recovered before a justice of the peace, on the 6th October, 1883, against J. H. Blalock and Elizabeth Blalock. An execution on this judgment was levied, on the 15th October, 1883, on “one thousand pounds of seed-cotton, more or less, and fifteen bushels of corn,” which was found in the possession of said defendants, and to which a claim was interposed by AY. T. Eutledge, affidavit being made, and bond…
1Opinion of the CourtClopton, J.
— There can be no valid objection to the admission in evidence of the bill of sale, which was made by one of the defendants in execution to the claimant, by which he claims to have acquired title to the property. It constitutes the foundation of his claim of ownership, and if the transaction is bona fide, Nee Nom the taint of fraud whether in law or in fact, title to the property in controversy was vested in him, effectual to sustain in his favor the proper issue in a statutory trial of the right of property. The material question relates to the nature and character of the transaction. There…
2Cases cited2 opinions
- Sims v. GainesSupreme Court of Alabama · 1879
- Bryant v. YoungSupreme Court of Alabama · 1852
3Cited by7 opinions
- Ruse v. BrombergSupreme Court of Alabama · 1889
- Cary v. SimmonsSupreme Court of Alabama · 1888
- Gilchrist-Fordney Co. v. BearrySupreme Court of Alabama · 1923
- Lewis v. Bank of MobileSupreme Court of Alabama · 1920
- Wilson v. American National BankColorado Court of Appeals · 1895
2 more not listed; retrieve them via the Exa API.